Terms and conditions

1.1. This Contract together with any and all documents to which it refers to constitute the entire agreement and understanding between the Council and You for the supply of a garden waste collection service to You.

1.2. Subject to the terms and conditions set out in this Contract, the Council agrees to provide the Services to You.

1.3. Please read these terms carefully before completing Your registration to the ‘Leaf it out’ scheme. These terms and conditions explain to You:

  • how the Council will provide the Services to You;
  • how You or the Council may end or change the Contract;
  • what to do if there is a problem; and
  • other important information.

Definitions

2.1. Writing” or “written” in these terms includes emails.

2.2. The following definitions apply to this Contract:

TermDefinition
Acceptable wasteGreen or garden waste accepted in the Bin for collection, such as leaves, grass cuttings, hedge and tree cuttings, woody material under 10cm in diameter as further set out in clause 9;
BinGarden waste bins to be supplied by the Council;
Collection servicesThe collection services to be provided by the Council to you in accordance with the Contract;
Commencement dateThe date for the commencement of Contract specified in clause 3;
ContractThe agreement between the Council and You comprising these terms and conditions and any and all documents to which they refer to;
CouncilPortsmouth City Council, of Civic Offices, Guildhall Square, Portsmouth, PO1 2PX;
Expiry dateThe Contract expiry date;
Hire servicesThe hiring of Bin services;
LawAny applicable statute or any delegated or subordinate legislation, duly applicable guidance, code of practice, direction, judgment or determination with which the Council and/or You is bound to comply including the Council’s rules, procedures, guidelines, policies, codes of practice, standing orders, financial regulations and standards from time to time;
PriceThe charges or fees for the provision of the Services to You as set out on the Portsmouth City Council website as at the Commencement Date;
ServiceThe Hire Services and Collection Services;
VATValue added tax or any similar or substituted tax;
Working dayAny day on which clearing banks in the City of London are (or would be but for a strike, lock out or other stoppage affecting such banks generally) open during banking hours;
YouA private individual purchasing the Services, as identified in the related online customer portal or over the phone at the point of registering for the Services;

Term of the contract

3.1. The Contract will commence on the Commencement Date and will continue for a period of twelve (12) months, unless terminated earlier in accordance with terms and conditions of this Contract. The Commencement Date is the date on which You register for the Service (using either the portal or by telephone) and the payment is made.

3.2. Within twenty-eight (28) days before the Expiry Date You will receive written notification from the Council that the Contract is about to expire. You may renew the Contract for a further period of twelve (12) months if You would like the Services to continue. Contract extension options available to You at the Expiry Date depend on Your payment method and are set out below:

  • 3.2.1. Monthly/annually recurring payments. If You pay for the Services using recurring payments, then the Contract (and the Services) will renew automatically for a further period of twelve (12) months. If You decide that You do not want Your subscription to continue, please cancel Your subscription before the Expiry Date by:
    • 3.2.1.1. Contacting the Council email to leafitout@portsmouthcc.gov.uk; or
    • 3.2.1.2. Phoning the Council on 023 9284 1105; or
    • 3.2.1.3. Cancelling the autorenewal function in Your customer portal
  • at least fifteen (15) days prior to the Expiry date.
  • Please note that if You do not cancel Your subscription, the Contract will automatically renew for a further period of twelve (12) months.
  • 3.2.2. One off annual payment. If You pay for the Services as a one-off payment, then You will need to renew the Contract before the Expiry Date by:
    • 3.2.2.1. Contacting the Council by email to leafitout@portsmouthcc.gov.uk; or
    • 3.2.2.2. Telephoning the Council on 023 9284 1105; or
    • 3.2.2.3. Using Your account in Your portal

3.3. If the Contract automatically renews and You change Your mind within fourteen (14) days of the renewal date, You will be entitled to a full refund.

Ending the contract

4.1. You may terminate the Contract by giving the Council at least twenty-eight (28) days’ notice by:

  • 4.1.1. Contacting the Council by email to leafitout@portsmouthcc.gov.uk; or
  • 4.1.2. Telephoning the Council on 023 9284 1105; or
  • 4.1.3. Using Your account in Your portal.

4.2. Please note that if You terminate the Contract in accordance with clause 4.1, You will not be entitled to a refund.

4.3. You may terminate the Contract if You vacate Your property and You are unable to transfer the Services to Your new property. You should contact the Council by email or telephone if you wish to terminate the Contract due to You vacating Your property. You may be entitled to a refund however this is at the discretion of the Council.

4.4. You may terminate the Contract by giving notice to the Council if the Council fails to provide the Services on a scheduled date and the Services are not provided within a reasonable period of time thereafter. For the avoidance of doubt, You may not terminate the Contract if the failure provide the Services was caused by any factor beyond the reasonable control of the Council including any action by You.

4.5. The Council may terminate the Contract and the Services at any time in writing and without issuing a refund if You do not make the payment(s) to the Council when they are due and You do not make payment within four (4) weeks of a payment reminder.

4.6. The Council may also terminate the Contract at any time by giving to You twenty-eight (28) days’ notice. In this case, if You have prepaid for the Services the Council will issue a refund on a pro-rata basis for the Services You will not receive.

4.7. If the Contract expires or is terminated in accordance with the terms of the Contract, the Bin will be removed by the Council. The Council may charge a removal fee for any Bins collected.

Providing the services

5.1. The Council agrees to provide the Services for the duration of the Contract in accordance with this Contract;

5.2. You warrant and represent that You are a private individual and not a business or commercial entity (including, but not limited to, being self-employed as a gardener or a landscaper). You further acknowledge that the Council is only able to provide the Services to private individuals.

5.3. You acknowledge that the Services can only be provided to customers (including You) within the following boundaries/postcodes – PO1, PO2, PO3, PO4, PO5, PO6. There are properties outside of these postcodes that can subscribe to this Service, but You must be within the Portsmouth City Council boundary and pay Council Tax to Portsmouth City Council.

5.4. You acknowledge and accept that the Services will be suspended for a two (2) week period over Christmas and New Year – this will be shown on Your collection calendar in Your customer portal and advertised on the Council’s website and other methods of communication.

5.5. You acknowledge and accept that the Council may have to suspend the Services if:

  • 5.5.1. The Council needs to deal with a mechanical or staffing problem;
  • 5.5.2. Review or update the Services to reflect changes in the relevant law or regulatory requirements; or
  • 5.5.3. Adverse weather conditions.

5.6. The Council will contact You in advance to tell You if the Council needs to suspend the Services, unless the problem is urgent or there is an emergency. The Council endeavours to provide the Services in the same week the Services were suspended.

Hire services

6.1. The Council will deliver the Bin to You within a reasonable period after the time the Commencement Date.

6.2. The Council agrees to deliver one (1) Bin to You without charging a delivery fee. The Council reserves the right to charge a delivery fee for each additional Bin delivered to You.

6.3. The Bins at all times remain the property of the Council. The Council gives no warranty or guarantee as to fitness for purpose, quality and/or suitability of the Bins. The Council may issue refurbished or second-hand Bins. You agree that You will not permanently mark, paint or rebrand the Bin unless instructed otherwise by the Council.

6.4. If a Bin is damaged, lost, stolen or permanently marked or painted, the Council may issue a new one and may charge a delivery fee for the replacement.

6.5. If a Bin is damaged beyond fair wear or tear or damaged by the Council when carrying out the Services, the Council will waive the fee.

6.6. You are able to request additional Bins subject to maximum limit of three (3) 240L Bins per property.

6.7. If You are moving house within Portsmouth and You want to continue to receive the Services, You will need to contact the Council with Your new address. You will be responsible for moving the Bins to Your new property. The Council will let You know about any changes to the timing of the Services or anything else which may be necessary as a result of Your requested change.

6.8. The Council permits more than one property to make use of Bins, however, You will be solely responsible for any responsibilities under this agreement including making any payments. You acknowledge that it will be Your responsibility to resolve any issues relating to a shared Bins with the individuals using the shared Bins.

Collection services

7.1. The Council will provide the Collection Services on the specified collection days. The Council reserves the right to change the collection days and will notify You in writing if the days change.

7.2. You acknowledge and accept that the Council will only provide Collection Services if the Bin(s) contains Acceptable Waste only. The Council notify you if the reason for not providing the Collection Services was due to the Bins containing materials and/or items that are not Acceptable Waste.

7.3. The Council will only provide the Collection Services if its staff is able to move and lift the Bin(s) safely. The Council’s staff will make the final decision as to whether they can move the Bin(s) safely, which is subject to review by the Council’s Collection Services manager.

7.4. If the Bin(s) contain all Acceptable Waste but the Council’s staff is unable to empty them due to the weight, You should contact the Council on 023 9284 1105. The Council, at it is sole discretion, offer additional Collection Services on Your next scheduled collection date. If the Council decides to provide additional Collection Services, then this will be agreed between the Council and You at the time.

7.5. If Collection Services are missed, please contact the Council on 023 9284 1105 or leafitout@portsmouthcc.gov.uk or using the online form – You must contact the Council within two (2) Working Days of Your scheduled collection day.

7.6. If a missed collection is reported for any other reason than those mentioned in clauses 7.2, 7.3 and 7.4, the Council will provide the Collection Services within two (2) Working Days from the date of notification.

7.7. If You do not notify the Council of missed or delayed collections within two (2) Working Days from the scheduled collection date, the Council will not provide replacement Collection Services and the Collection Services will be provided on the next scheduled date.

Price and payment

8.1. You must pay the Price for the Services. The Council accepts payment by recurring payments or credit or debit card – payments can be made either annually in advance or in the case of recurring payments only – in monthly instalments. The Council is unable to accept cash or cheque payments.

8.2. The Council reserves the right to increase the Price annually and the Council will give You at least twenty-eight (28) days’ notice of any changes to the Price. Any changes to the Price will be implemented from 1 April each year.

8.3. The Price is fixed for a period of twelve (12) months from:

  • 8.3.1. The Commencement Date; or
  • 8.3.2. Date of renewal of the Contract.

8.4. If You do not pay the Council for the Services when You are supposed to and do not make payment within four (4) weeks of a payment reminder, the Council may suspend the Services and collect the Bin(s) until You have paid the outstanding amounts. The Council will contact You to inform You if the Council is suspending the Services.

8.5. Prices will be published and updated on the Portsmouth City Council website at www.portsmouth.gov.uk/leafitout.

Your obligations

9.1. You must ensure that only materials referred to in this clause are put in the Bin(s):

  • 9.1.1. Compostable waste – material suitable for open windrow composting. This includes plant stems, leaves and stalks. Compostable waste must be free from any form of contamination.
  • 9.1.2. Garden waste – this includes botanical waste such as grass cuttings, hedge clippings, prunings, leaves (but not street sweepings), dead plant materials and roots.

9.2. No other materials, other than the Acceptable Waste are to be put into a Bin. Food and/or kitchen waste (including fallen fruit or vegetables from a garden, fruit and vegetable peelings, tea bags and coffee) should be placed in your food waste caddy instead. Genetically modified waste, turf, soil, stones, concrete, timber, animal waste, animal bedding or any other non-compostable garden items are not accepted and should be disposed of at the Household Waste Recycling Centre or in Your black refuse bin depending on the item.

9.3. It is Your responsibility to remove any waste that is not accepted in the Bin before Your next collection. The Council will not provide the Collection Services until all waste that is not accepted is removed from the Bin.

9.4. All Acceptable Waste must be placed in the Bin loose and not contained in any bag. We will not provide the Collection Services if waste is in a bag before being put into a Bin.

9.5. You must ensure that Bins are not overflowing and that the lid is closed. The Council will not provide the Collection Services if a Bin is overflowing and/or the lid is not closed.

9.6. You must ensure that Bins are not overweight and can be moved and lifted safely. The Council will not provide the Collection Services if a Bin is deemed too heavy to move or lift on the vehicle in a safe manner.

9.7. You must present the Bin(s) at the front boundary of Your property or at an agreed location between the Council and You. It is Your responsibility to ensure the Bin(s) are presented by 6am on the scheduled day of collection. The Council will not provide the Collection Services if the Bin(s) are not presented when the Council’s representatives attend to provide the Services.

Responsibility for loss or damage suffered by you

10.1. You accept and acknowledge that the Council is only responsible for direct and foreseeable loss and damage caused by the Council or its representatives.

10.2. The Council does not exclude or limit in any way any liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by the Council’s negligence or the negligence of the Council’s employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

10.3. You acknowledge and accept that the Council will not be liable for damage or injury caused by Your use of a Bin(s) which could have been avoided following the instructions of use or if You were acting reasonably.

How the council may use your personal information

11.1. The Council will use Your personal information you provide in accordance with our privacy notice, available on our data protection privacy notice.

11.2. The Council will only give Your personal information to third parties where the law either requires or allows the Council to do so.

11.3. Your personal data will be stored securely and only used to take Your payment and arrange the subscription to the Services.

Consumer rights

12.1. Your legal right to change Your mind: You have a legal right to change Your mind within fourteen (14) calendar days after the Commencement Date of the Contract and receive a refund. You should return the Bin within fourteen (14) calendar days of cancellation of the Services.

12.2. You lose the right to cancel the Services, when they have been completed (and You must pay for any Services provided up to the time You cancel). You cannot cancel the Services later than fourteen (14) calendar days after the Commencement Date of the Contract.

12.3. You have rights if there is something wrong with Your service: If You think there is something wrong with Your Service, You must contact the Council’s Customer Service Team in line with clause 13 of this Contract (“How to Contact Us”). If Your product is services, then You have the following rights under the Consumer Rights Act 2015:

Summary of Key Legal Rights:

  • You can ask the Council to repeat or fix the Service if it is not carried out with reasonable care and skill or get some money back if the Council cannot fix it.
  • If You have not agreed a price beforehand, what You are asked to pay must be reasonable.
  • If You have not agreed a time beforehand, it must be carried out within a reasonable time.

12.4. How to let the Council know what happens next: If You change Your mind, please contact the Council’s Customer Service Team as set out in clause 13 of this Contract (“How to Contact Us”).

  • The Council will refund You as soon as possible and within 14 calendar days of You notifying the Council that You have changed Your mind.
  • The Council will refund You by the method You used for payment.
  • The Council will not charge a fee for the refund.

12.5. The Council’s complaints policy: The Council’s Customer Service Team: 023 9284 1105 will attempt to resolve any problems You have with the Council or its Services as per the Council’s complaints policy available on the Council’s website. The Council will aim to reply within 5 – 10 working days.

How to contact the council

13.1. You can contact the Council by:

13.2. If the Council needs to contact You, it may do so by telephone or in writing at the email address or postal address You provide on registration.